The key points are: The applicant (THDCIL) does not qualify as a ...

A government-owned company loses GST exemption on legal services due to insufficient equity stake.

Case Laws     GST

September 25, 2024

The key points are: The applicant (THDCIL) does not qualify as a "Government Entity" under GST laws as it fails to meet the criteria of having 90% or more equity or control by the government. Although initially established with 100% government equity, currently the government's stake is only 25.504% due to equity dilution. Consequently, THDCIL cannot avail the GST exemption on legal services received under the reverse charge mechanism, which is available only to "Government Entities" as per the relevant GST notifications. The Advance Ruling Authority has ruled that THDCIL does not satisfy the definition of a "Government Entity" for GST purposes due to insufficient government equity participation.

View Source